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PL 07/08/1987 - 30667CITY OF FRIDLEY �-.1 PLANNING COr�ILSSION MEETING, JULY 8, 1987 CALL TO ORDER: Chairperson Billings called the July 8, 1987, Planning Commission meeting to order at 7:35 p.m. ROLL GALL; M�mbers Present: Steve Billings, Dave Kondrick, Dean Saba, Donald Betzold and Sue Sherek Members Absent: Richard Svanda Others Present: Jim Robinson, Planning Coordinator Jock Robertson, Community DevPlopment Director Mike & Susan Phelps, 5755 Washington Street Roger Leffler, 5798 Jefferson Street Sandra Carlson, 10814 Norway St. N.W., Coon Rapids Bev & Jay Workman, 5704 Jefferson Street Joan Olchefske, 1651 NW 20th Avenue Randy Olehefs�e, 1651 NW 20th Avenue Klaus Freyinger, 1323 Bohland P1ace, St. Paul Mark Kemper, 3413 33rd Avenue N.E. n APPROVAL OF JUNE 24, 1987. PLANNING CON1i�IISSION MINUT��': MOTION BY MS. SHEREK, SECONDED BY MR. KONDRICK, TO APPROVE THE JUNE 24, 1987, i'IA�T�iVG CONIDZCSSION N]INUTES AS WRITTEN. UPON A VOICE VOTE, ALL VOTING AYE, CHA IRPERSON BILLINGS DECLARED THE �TION CARRIED UNANIMOUSLY. 1. PUBLIC HEARING: CONSIDERATION OF A REZONING. ZOA ��87-03, BY RANDALL �i'LCHEFSKE AND KI,AUS FREYINGER: To rezone from C-1 (Local Business) to C-2 (General Business) on Tract B, C, and D, Registered Land Survey No. 19, the same being 6520, 6530 and 6536 East River Road N.E. MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO WAIVE TF� FORMAL READING OF THE PUBLIC HFARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY AND THE PUBLIC HEARING OPENED AT 7:37 p.m. 1�. Robinson stated the parcels involved in this rezoning are located north of Mississippi Street and west of East River Road at 6520, 6530 and 6536 East River Road. He stated there is a car wash on Tract D, a vacant building on Tract C, and a vacant lot on Tract B. � He stated all parcels are presently zoned C-1 and the request for rezoning is for a C-2 designation. PLANNING CONIMCSSION MEETING,_ JULY 8, 1987 PAGE 2 ..-.� Mr . Robinson stated both Mr .�lchef ske and 1� . Freyinger have petitioned for the rezoning. He stated NFr. Freyinger is the owner of the apartment complex to the north and wes� Tract B and Tract C witli the vacant building whi�h he plans to lease or sell for a restaurant operation. He stated N�. 01che�'ske is the owner of the Riverside Car Wash and wishes to expand his business. Mr. Robinson stated there is also a special use permit associated with the expansion of the car wash facility to allow fuel and oil dispensing in a C-1 zone. He stated the special use permit, if approved, will allow the petitioner to commence construction prior to finalization of the rezoning. He stated the C-1 zone does not allow for auto related businesses, but the C-2 zone permits this type of operation with a special use permit. Mr. Robinson stated there are some problems associated with the site, mainly dealing with access. He stated there is a shared aecess on the west of Tract D, bu� Tract C has no other acce�s by it�.e.lf. He stated there is a private easement between Tracts C and D which has been recoreYed and;they share a common driveway. He stated the owner of Traet C would �rant an easement.to Tract D for joint parking. Mr. Robinson stated staff has drafted a plan for traffic and visual improvements including landscaping and buffer space between the � businesses and the apartment complex. He stated it is recommended the driveway be moved five feet �nd��andscaping be installed with a re- taining wa11, and delineation of the driveway. Mr. Robinson stated the petitioners have both agreed to participate in the cost for these improvements. Mr. Robinson stated staff is recommending the following stipulations for Tracts B and C: (1) petitioner agrees to execute a restrictive covenant agreement against Tract B and C, stating that no automotive related businesses (service, fuel dispensing, sales, or leasing), as outlined in the special use �ection of the C-2 code, will be per- mitted regardless of C-2 zoning status. Completed prior to publication of rezoning ordinance;-(2) petitioner agrees to refurbish building including trim painting and roof equipment screening prior to�occuY pancy; (3) petitioner agrees to install a brick dumpster enclosure with opaque gate prior to occupancy; (4) petitioner agrees to install a pylon sign similar to the Riverside Car Wash sign prior to occu- pancy; (5) petitioner agree.s to install landscaping and automatic sprinkling, as per City plan dated 7/1/87, on Tracts B and C(except along west edge) prior to occupancy; (6) petitioner agrees to install landscape tree wel�s, plantings, and irrigation along the western edge of Tracts B, C and D, as per City plan dated 7/1/87 by October 31, 1989; (7) petitioner agrees to make parking lot/driveway improvements including curbing, blacktopping, sealcoating and striping prior to occupancy; and (8) petitioner agrees to provide joint driveway ease- ments from Tract B to Tract C and joint driveway and parking easements �"� from Tract C to Tract D prior to publication of ordinance. PLANNING CO_1�ILSSION MEETING, JULY 8, 1987 pAGE 3 � Mr. Freyinger stated he is the owner of the apartment complex adjacent to Tract B and would like to control development on this corner and is the reason why he is nurchasing the building on Tract C. He stated he plans to lease this parcel and interest has been expressed for a pizza or submarine sandwich establishment. Mr. Freyinger stated he is willing to make a11 the improvements as he would like to see the area improved. He stated the property as it is now is not a real pride of owner- ship and the situation is also bad for his apartment complex. Mr. Betzold asked Mr. Freyinger if he anticipated any future development for Tract B. Mr. Freyinger stated at one time, he considered constructing a tennis court for the apartment complex, however, does not believe this is a good idea. He stated, in the future, this property would probably be used for parking as it is close to the main entrance of the apartments. Mr. Olehefske stated he appreciated the efforts everyone has made to improve this corner and felt it would be a good asset for the community. He stated he has to be careful in �aking changes that would affect his ability to be successful in this business. Mr. Kondrick stated he wondered if there would be sufficient space ��. if the entrance of the car wash was moved. Mr. Robinson stated there appears to be enough space as it would actually be 36 feet from the end of the building to the new curbing. Mr. .Olt�hefske felt there should be a field test to prove cars could make the turn, if the driveway is relocated. He stated he didn't want to agree to installing the curbs before it is shown that it is physically possible to access it. Mr. Robinson felt this could be tested before the Council meeting to make sure it is workable. Mr. Robinson stated staff is recommending the following stipulations for Tract D: (1) petitioner agrees to refurbish westerly addition to car wash by adding roof equipment screening and refinishing facade (roof screening details by owner, approved by staff). Work to be completed prior to occupancy of proposed addition; (2) easterly facing overhead doors to be tan colored; (3) petitioner agrees to provide a brick dumpster enclosure with opaque gate prior to occupancy of proposed addition; (4) petitioner agrees to install landscaping and provide automatic sprinkling as per City plan dated 7/1/87 on Tract D(except along west edge) prior to occupancy of proposed addition; (5) petitioner agrees to make pa.rking lot/driveway im- provements including shifting of westerly drive five feet east, and new curbing, blacktopping and retaining wa11 as indicated on /'� City plan dated 7/1/87 prior to occupa.ncy of proposed addition. Driveway and retaining wall details by owner prior to building per- mits; (6) petitioner agrees to close driveway off of East River Road (remove hardsurfacing and light fixture and provide landscaping) P�ANNING COI�LCSSION MEET]NG. JU,LY 8, 1987 pAGE 4 ,�, prior to occupancy of proposed addition; and (7) petitioner agrees to provide joint driveway and planting easements from Tract D to Tract C prior to publication of rezoning ordinar►ce. Mr. Robinson stated the County wishes to reduce the ingress and egress on East River Road, but if this isn't possible, the second preference would be for an entrance only. Mr. Kondrick stated at busy times at the car wash, people.are coming into the wash off Mississippi and if the driveway w�s clo�ed.:on'�East River Road, he questi:oned-how they would exit. Mr. Robinson stated this ia the same coMCern-r�ised by the petitioner who feels the East River Road driveway is necessary for exiting. Mr. Kondrick stated he would be in favor of leaving the driveway open possibly with signage to direct traffic. Mr. Billings stated if the drive�aay on East River Road were an entrance only, there would be a 1ot of congestion on the �Ia.ssissippi side with persons trying to enter:anefi exit:. Mr. Betzold asked Mr.0lchefske what he desired for ingress and egress. �--, Mr. Olchefske stated the car wash has been at this location for approximately 20 years and he has operated it for 10 years and hasn't had any problems with the e���ances or exits. He stated there has never been a mishap and it would be a severe hardship for him to change it. Mr. Robinson stated, presently, there may not be a problem, but the proposed expa.nsion will bring the building closer to the driveway and add additional doors. He stated there is a Potential problem with children leaving vehicles in the vacuuming area and could cause further problems when the restaurant facility becomes oper- ational. Mr. Phelps, 5755 Washington Street, wondered if the parking for the restaurant could be placed on Tract B to provide additional space.for the car wash.site. Mr. Robinson stated two property owners are involved and two separate tax parcels so it would be up to the owners. He stated Mr. Frevinger is granting parking easements for the car wash �.hexe is only a small unimproved area of the car wash site where possibly four cars could park� Mr.- Olchef.skestated if a driveway is removed, it makes it more difficult to access his business and inconvenient for customers. He stated studies have proved that access should be as simple as possible so as not to create a hardship for his business. PLANNING CONIl�lISSION MEETING. JULY 8, 1987 PAGE 5 .,_ �� Mr. Billings stated he didn't want to imply he was necessarily in favor of closing the driveway. He stated, however, he wondered if there was sufficient stacking room for cars exiting the car wash and waiting to enter on East River Road. �''.'`, � Mr. Kondrick stated he felt this really isn't a problem as there is no backi�� of cars leaving the car wash. Mr. Billings asked Mr. Ol€�hefske his plans for the new addition. Mr.Olchefsk� stated he would be extending the tunnel approximately 22 feet and adding a polishing and buffing center. Mr. Billings asked if customers would make appointments for these services. 1�h�.Olchefske stated if you were going to have the interior of your car shampooed, an appointment would be necessary. He stated as far as the polishing, this could possibly be done without an appointment, if it was not a busy day. Mr. Kondrick asked if the �olishing and buffing center would be a separate room. Mr. 0lchefske stated he wanted people to see this area so there would be visual exposure. Mr. Robinson stated while there may be other options such as nroviding an exit farther north on Tract B he felt if the driveway �- on East River Road is not closed, it should be an exit only. Mr. Olehefske stated he wanted to continue to be competitive in his business and if this is what the City desires, he could live with it . Mr. Billings stated if the Commission recommended an exit only on East River Road, he questioned if there would be signage to direct the patrons. Mr. Robinson stated it is probably a good idea to ma.rk the one drive on Mississippi as entrance and the exi� on East Ri�er Road as exit only. Mr. Betzold stated possibly the access situation should be reviewed at a later date to see if it is working both from the petitioner's and the City's standpoint. Mr. Robinson stated if the Commission wished to review the access at a future date, stipulation No. 6 for Riverside Car Wash should be deleted from the rezoning stipulations and included as a stipulation of the special use permit which is reviewable. MOTION BY MLt. KONDRICK, SECONDED BY MR. SABA, TO CZOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BILLINGS DECIARED THE PUBLIC HEARING CLOSID AT 8:35 p.m. PLANNING CO1�Il�7ISSION_ MEETING. JULY 8�, 1987 PAGE 6 MOTION BY Mft. KONDRICK, SECONDED BY M5. SHEREK, TO RECONIMEND TO r-.� CITY COUNCIL APPROVAL OF REZONING, ZOA �k87-03, BY RANDALL f�`I.CHEFSKE AND Ia,AUS FREYINGER, TO REZONE FROM C-1 (LOCAL BUSINESS) TO C-2 (GENERAL BUSINESS) ON TRACT B, C, AND D, REGISTERED LAND SURVEY N0. 19, THE SAME BEING 6520, 6530, AND 6536 EAST R1VER ROAD N.E., WITH THE FOLLOWING STIPULATIONS APPLYING TO TRACTS B AND C: (1) �ETITIONIIt AQtEES TO EXECUTE A RESTRICTIVE COVENANT A(�iEEMENT AGAINST TRACT B AND C, STATING THAT NO AUTOMOTIVE RELATED BUSI- NESSES (SERVICE, FUEL DISPENSING, SALES, OR LEAS IlVG), AS OUTLINED IlV TI� SPECIAL USE SECT ION OF THE C-2 CODE, WILL BE PIItMITTED REGARD- LESS OF C-2 ZONING STATUS. COMPLETID PRIOR TO PUBLICATION OF REZONING ORDIlVANCE; (2) PETITIONER AGREES TO REFURBISH BUILDIl�TG INCLUDING TRIM PAINTING AND ROOF EQUIPMENT SCREENING PRIOR TO OCCUPANCY; (3) PETITIONER AGREES TO INSTALL A BRICK DUNNIPSTER ENCLOSURE WITH OPAQUE C�TE PRIOR TO OCCUPANCY; (4) PETITIONER A(�iEES TO INSTALL A PYLON SIC�T, SIMILAR TO THE RIVERSIDE CAR WASH SIGN?PRIOR TO OCCUPANCY; (5) PETITIONER AGREES TO INSTALL LANDSCAPING AND AUTOMATIC SPRINKLIlVG, AS PER CITY PI�AN DATED 7/1/87, ON TRACTS B.AND C(EXCEPT ALONG WEST EDGE) PRIOR TO OCCUPANCY; (6) PETITIONER AQtEES TO IlVSTALL I�ANDSCAPE TREE WELLS, PI�ANTIN(pS, AND IRRIC¢1TION ALONG THE WESTERN EDGE OF TRACTS B, C AND D, AS PER CITY PLAN DATED 7/1/87 BY OCTOBER 31, 1989; (7) PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS INCLUDING CURBING, BLACKTOPPING, SEALCOATING AND STRIPIlVG PRIOR TO OCCUPANCY; AND (8) PETITIONER AGREES TO PROVIDE JOINT DRIVEWAY EASEMENTS �'R,OM TRACT B TO TRACT C AND J07NT DRIVEWAY A1�ID PARKING EASEMENTS FROM TRACT C TO TRACT D PRIOR TO PUBLICATION OF ORDINANCE. FURTHER, Tf� FOLLOWING STIPULATIONS SHALL APpLY TO TRACT D: (1) '�' PETITIONER AGREES TO REFURBISH WESTERLY ADDITION TO CAR WASH BY ADDING ROOF EQUIPMENT SCREENING AND REFINISHING FAGADE (RQOF SCREEN- ING DETAILS BY OWNER, A PPROVED B�' STAFF). WORK TO BE COMPLETED PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (2) EASTERLY FACING OVERHEAD D�RS TO BE TAN COLORED; (3) PETITIONER AGREES TO PROVIDE A BRICK DUMPSTER ENCLOSURE WITH OPAQUE GATE PRIOR TO OCCUPANCY OF PROPOSED ADDITIOIV; (4) PETITIONER A(�EES TO INSTALL T1AI�IDSCAP7NG AND PROVIDE AUTOMATIC SPRIl�IKLING AS PER CITY PLAN DATED 7/1/87 ON TRACT D(ERCEP� ALONG WEST IDGE) PRIOR TO OCCUPANCY OF PROPOSED ADDITION; (5� PETITIONER AGREES TO MAKE PARKING LOT/DRIVEWAY IMPROVEMENTS IlVCLUDING SHIFTING OF WESTERLY DR1VE FIVE FEET EAST, A1�ID NEW CURBING, BTIACKTOPPING AND RETAINING WALL AS 1NDICATED ON CITY PLAN DATED 7/1/87 PRIOR TO OCCU- PANCY OF PROPOSED ADDITION. DRIVEWAY AND RETAINING WALL DETAILS �LpB- MITTED BY OWNER PRIOR TO BUILDING PERMITS; ANII (6) PETITIONER AGREES TO PROVIDE JOINT DRTVEWAY AND PLANTING EASEMENTS FROM TR,ACT D TO TRACT C P'RIOR TO PUBLICATION OF REZONING ORDINANCE. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED TEEIE :�TION CAR1tIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Council's agenda for August 3, 1987. 2. PUBZIC HEARING: CONSIDERATION OF A SPECIAL USE PERMIT SP ��87-15 BY RANDALL OLCHEFSKE OF RIVERSIDE GE1R WASH: � To allow a motor vehicle fuel and oil dispensing service and a car wash in a C-1 (Local Business) zone on Tract D, Registered Land Survey No. 19, the same being 6520 East River Road N.E. P�INNING CON�LCSSION MEETING. JULY 8,_ 1987_ _ pA� 7 ,,..,� 1+�TION BY MR, KONDRICK, SECONDED BY MR. SABA, TO WAIVE THE F'pRMAL READING OF TTHE PUBLIC HFARING NOTICE AND OPEN THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BTLL'INGS DECLARED Tf� I�ION CARRIED UNANII�IDUSLY AND THE pUBLIC HEARING OPENED AT 8:40 p.m. Mr. Robinson stated Mr. Olch.efske Wishes to expand his car wash facility by adding 1,252 square feet to the existing building. He stated Mr. Olehefske intends to use this extra space for uses associated with his car wash business such as polishing and buffing. Mr. Robinson stated in conjunction with the rezoning petition by Mr. Olchefske and Mr. Freyinger, Mr. Freyinger will make available ten parking stalls on the west end of his lot for this operation. He stated in order to facilitate the building program for Mr. 01e- chefske a bu3.lding permit would be issued under C-1 and would be valid under the C-2 zoning when it is completed. Mr. Robinson stated staff is recommending the following stipulations: (1) owner agrees to manage the car wash operation in such a way as to not require greater than 10 spaces of parking. In the event of a shortage, parallel parking may be required on the north side of the building; (2) special use permi.t, SP ��87-15, is contingent u.pon compliance with al1 stipulations outlined in the rezoning petition ZOA ��87-03; and (3) it is understood by the City and the petitioner that special use permit, SP ��87-15, is valid under the proposed C-2 '�' zoning classification. Mr. Robinson stated there is a water line on the east side of the property.and, based on recent information, there is the possibility this could be a public easement. He stated if this is the case, a vacation would be necessary before the building is constructed. He stated staff would suggest the Commission recommend to the City Council that construction be allowed to proceed if Mr. Olchefske provides a new easement,.pays all costs to relocate the water 1ine, and applies for a vacation of the easement. He stated if this is a private easement, it would involve only the two property owners and Nh�. Olchefske would have to pro�tide a new easement and pay any relocation costs. Mr. Robinson stated if this special use permit is recommended for approval, the stipulation regarding the driveway on East Riuer Road should be included. Ms. Sherek stated as she understands, the driveway on East River Road would be designated and signed as an exit only and the driveway on Mississippi woi�ld be signed as an entrance, but not necessarily eliminated as an exit. She stated the Co�ission would then review this special use permit at a future date to determine how the access is working for both the petitioner and the City. PLANNCNG CO1�Il+�JISSION MEETING. JULY 8, 1987 pA� g n MOTION BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO CLOSE THE PUBLIC HEARING. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BlI,LINGS DEC�ARID THE PUBL�C HEARING CLOSID AT 8:55 p.m. M0�'!ON BY Mft. KONDRICK, SECONDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF SPECIAL USE PERMIT, SP ��87-15, BY RANDAZL OLCHEFSKE TO ALZOW A MOTOR VEHICLE �[TEL A1�ID OIL DISPENSING SERVICE AND A CAR WASH IN A C-1 (LOCAL BUSINESS) ZONE ON TRACT D, REGISTERED I�AND SURVEY N0. 19, THE SAME BE IlVG 6520 EAST RNER ROAD N.E., WITH THE FOLZOWING STIPU�ATI01� : (1) OWNER AGREES TO MANAGE TIiE CAR WASH OPERATION IN SUCH 'A WAY AS TO NOT REQUIRE GREA�.'ER THAN l0 �PACES OF PARKING. IN THE E�lENT OF A SHORTAGE, PARAT,LEL PARKING MAY BE REQUIRED ON THE NORTH SIDE OF THE BUILDING; (2) SP.#�87-15 IS CONTINGENT UPON COMPLIANCE WITH ALL STIPUIIATIONS OUTLINED IN THE REZONING PETITION ZOA ��87-03; (3) IT IS UNDERSTOOD BY TTI�E CITY AND THE PETITIONER THAT SP �k87-15 IS VALID UNDER THE PROPOSED C-2 ZONING CLASSIFICATION; (4) DRNEWAY ON EAST RIVER ROAD TO BE DESIGNATED AND SIGNED AS AN EXIT ONLY AND DRIVEWAY ON MISSISSIPPI STREET TO BE B��NED AS AN ENTRANCE; (5) PARKING AND ACCESS SITUATION TO BE REVIEWED BY STAFF IN NINE NIDNTHS; AND (6) PETITIONER TO PROVIDE A NEW EASEMENT FOR THE WATER LINE AND PAY ALL COSTS ASSOCIATED WITH TI� RELOCATION OF THIS LINE. UPON A VOICE VOTE, ALZ VOTING AYE, CHATRPERSON BILLINGS DECLARED THE � MOTION CARRIED UNANIMOUSLY. MOTION BY MR. SABA, SECONDED BY MR. KONDRICK, TO RECOMN�ND TO CITY COUNCIL THAT IF IT IS DETERMINID TII� WATER LINE IS A PUBLIC �ASEMENT, THE PETITIONER BE ALLOWED TO PR�EED WITH Tf� BUILDING PERMIT UPON PRESENTING A NEW EA�EMENT TO STAFF FOR RELOCATION OF THIS L IlVE AND AQtEEING TO PAY ALL COSTS ASSOCIATID WITH THE RELOCATION. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRpERSON BTI,LIN(� DECLARID THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Council's ag�nda for July Z0, 1987. 3. CONSIDERATION OF A LOT SPLIT. L.S._��87-06, BY ROGER LEFFLER: -,_� To split Lc�ts 1 through 5, Block 4, Adams Street Addition into three residential building sites, generalXy located at 5708 Jefferson Street N.E. Mr. Robinson stated this proposal is to remove an existing home and split the property into three lots each about 66-1/2 feet wide. He stated the petitioner, in conjunction with this lot split, is requesting a vacation of the alley easement. He stated if the alley is vacated, these lots wi11 all meet the code requirements regarding square footage, however, without the vacation, they will be slightly below. � PLANNTNG CONIl�IISSION MEETING, JULY 8, 1987 PAGE 9 � Mr. Robinson stated staff is recoffiending the following stipulations: (1) petitioner or subsequent owners agree to construct homes of equal or better quality than those petitioner has used as illustrative of intended development; (2) lot width variances for width and area to 66.66 feet and 8,599 square feet respectively are granted with the final approval of this lot split; (3) three park fees of $750 each to be paid prior to issuance of each permit; and (4) lot split to be recorded at the County prior to October 15, 1987. Mr. Leffler stated the lots would be about 66 feet wide and the homes 45 to 46 feet wide. He stated the square footage of the homes would range from 1,070 ta 1,100 and the fronts of the homes would be different. He stated these homes would be two bedrooms with the possibility of expansion in the lower level and double car garages no smaller than 2.2 x 22 feet. Mr. Leffler stated he built the home to the north of this property which is on a 66 foot lot. N.�. Betzold asked the price range for these homes. Mr. Leffler stated they would range fx� m the upper 80's to the low 90's. Mr. Kondrick asked if the homes would have the same setbacks as the others fronting on Jefferson Street. Mr. Robinson stated the minimum setback is 35 feet so this would not be a problem. l�ir. Leffler presented photos of a similar home in Andover which he � constructed. MOTION BY MR. KONDRICK, SECONDED BY MLt. �3ETZOLD, TO RECOMMEND TO CITY `COUNCIL APPROVAL OF ZOT SPLIT, L.S. �i�87-06, BY ROGER LEFFLE�t TO SPLIT LOTS 1 THROUGH 5, BLOCK 4, ADAMS STREET ADDITION INTO THREE RESIDEDi'PIAL BUILDING SITES, (�NERALLY ZOCATED AT 5708 JEFF'ERSON STREET N.E., WITH THE FOLLOWING STIPULATIONS: (1) PETITIONER OR SUB- SEQUENT OWNERS AQtEE TO CONSTRUCT HOMES OF EQUAL OR BETTER QUALITY THAN THOSE PETITIONER HAS USED AS ILLUSTRATIVE �!? INTENDED DEVELOPMENT; (2) L� WIDTH VARIANCES FOR W IDTH AND AREA TO 66.66 �ET AND 8,599 SQUARE FEET RESPECTIVELY ARE QtANTED WITH THE FINAL APpRpVAL OF THIS LOT SPLIT; (3) THREE PARK FEES OF $750 EACH TO BE PAID pRI01i TO ISSU- ANCE OF EACIi PERMIT; AND (4) LOT SFLIT IS TO BE RECORDED AT THE COUN'.CY PRIOR TO OCTOBER L5, 1987. UPON A VOI�E VOTE, ALL VOTIlVG AYE, CHA IRPERSON BILLINGS DECZARED THE M OTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Council's agenda for Tuly 20, 1987. 4. CONSIDERATION OF VACATION REQUEST, SAV ��87-06 BY ROGER LEFFLER: To vacate the 12 foot alley located between 57th Avenue and 58th Avenue and between Jefferson Street and Washington Street. Mr. Robinson stated this vacation is requested to allow for develop- r"� ment in this area. He stated if the alley is vacated, the property owners to the east and west would each receive six feet. PLANNING COI�ICSSION MEETING, JULY 8, 1987 PAGE 10 � Mr. Robinson stated notices of this proposed vacation were sent to the affected property owners and several letters were received indica.ting the.owners had no objection. He stated staff wi11 contact those persons who have not�as yet responded as, norma.11y, 100% agreement is required for a vacation. Mr. Robinson stated s�.a�ff is,r�commending �he foLLowing sttpula�ion�: fiI.) a�l+�y ci���.ti�n,_su,bj�ct to concurrence of all abutting progerty owners; and (2) a drainage and utility easement to be maintained across the entire alley. Mr. Mike_Phelps, 5755 Washington Street, requested an explanation of stipulation No. 2. Mr. Robinson stated the �ity would be vacating the a11ey in terms of ownership, but an easement.should be maintained for drainage and utility purposes. He stated if the need arose, this would allow the City or utility companies access. Mr. Phelps asked if he could construct a fence, Mr. Robinson stated a fence may be constructed, however, if work had to be done on any of the utility lines, the companies would have the right to remove it if it inter£erred with their repair work. Mr. Phelps questioned how this extra six feet would affect his property taxes. Mr. Billings stated in recent discussions with the City Assessor regarding a similar situation, he felt the increase in taxes would probably be negligible. Mr. Phelps asked the limitations on the fence as far as height. Mr. Billings advised him to contact the City's Building Inspector, Mr. Darrel C1ark. Mr. Jay Workman, 5704 Jefferson Stre�t, stated he lives adjacent to this property proposed for development. He stated he did have some concern about damages to his home when the foundations were dug for the new homes. Mr. Leffler, the petitioner, assured Mr. Workman this wouldn't be a prob lem. Mr. Workman questioned how he could determine where his property line was located. Mr. Leffler stated a surveyor will survey the property and locate the pins so these could be used as a point of ineasurement. Mr. Betzold stated it may be to the surrounding property owners ad- vantage to contact Mr. Leffler if they wish to have their own property surveyed. He felt as long as the surveyor will be in the area, the costs ma.y be lower for others to participate in the survey. r� PLANNING COI�ICSSION MEETING� JULY_ 8,_ 1987_ PAGE 11 � MO_ TION BY MR. KOI�IDRICK, SECOI�IDED BY MS. SHEREK, TO RECOMMEND TO CITY COUNCIL APPROVAL OF VACATION REQUEST, SAV ��87-U6, BY ROGER LEFFLER TO VACATE THE 12 FOOT ALLEY LOCATED BETWEEN 57TH AVENUE AND 58TH AVENUE AND BETWEEN JEFFERSON STREET AND WA�HINGTON STREET, WITH THE FOLLOWING STIPULATIONS: (1) VACATION OF ALLEY SUB3ECT TO CONCURRENCE OF ALL ABUTTING PROPERTY OW1�RS; AI� (2) A DRAINAGE AND UTILITY EASEMENT TO BE MAINTAINED ACROSS THE ENTIRE ALLEY. UPON A VOICE VOTE, ALL VOTING AYE, CHAIR�'ERSON BILLINGS DECLARED TI� MOTION CARRIED UNANII�USLY. Chairperson Billings stated this item would be on the City Council's agenda for a publie hearing on August 3, 1987. Ms. Sandra Carlson, 10814 Norway Street N.W., stated the property on which Mr. Leffler is going to build the homes is not officially sold as yet. She stated she is representing her mother, the owner of the property, and asked who pays for the Lot split. Ms. Sherek stated this item should be covered in the purchase agree- ment between the buyer and seller. Mr. Betzold stated who pays these costs is strictly between the buyer and seller and is something that would not involve the City. 5. CONSIDERATION OF LOT SPLITi L.S. ��87-07, BY MARGARET BRIGKNER: Mr. Robinson stated this is a request to split off the northerly 180 feet of Lot 3, Auditor's Subdivision No. 88, at 1282 Mississippi Street. He stated this parcel was rezoned from single family to C-1 to allow a single family home to be used as a gift shop. Mr. Robinson stated if the Lot is split, it will be over 25,000 square feet and the code requires 20,000 square feet. He stated there is a concern that the re�.ining property would be landlocked, however, the petitioner has indicated they are the owners of the adjacent property and this will be added to that property. P�. Robinson stated staff is recommending the following stipulations: (1) the southerly portion of the split parcel is to be added to Sandee's Restaurant parcel concurrently with recording of subdivision; and (2) park fee of $1,905 to be paid prior to recording 1ot split. Mr. Robinson stated a third sti�at�lation was going to be added to pro- vide joint driveway easements between the gift shop and Sandee's Restaurant, but this has already been accomplished and recorded. Mr. Kondrick asked if any comments were received from those persons who were notified of this lot split. Mr. Robinson stated staff has not received any comments. ,� PZANNING CONIl�ICSSION MEET]NG. JULY 8,__ 1987 PAGE 12 �.,1 Mr. Billings asked Mr. Brickner if he has any plans for future development in this area. Mr. Brickner stated he felt the parcel behind the gift shop would have to be part of development along Old Central in order to have access. NIDTION BY N1.S. SHEREK, SECONDED BY MR. �ETZOLD, TO RECOMMEI�ID TO CITY COUNCIL APpROVAL OF LOT SPLIT, LS. ��87-07, BY MARGARET , BRICKNER TO SPLIT OFF THE NORTHERLY 180 FEET OF LO'r 3, AUDITOR'S SUBDIVISION N0. 88, THE SAME BEING 1282 MLSSISSIPPI STREET, WITH 7�iE FOLLOWING STIPULATIONS : (1) THE SO[TTI�ERLY PORTION OF THE SPLIT PARCEL IS TO BE ADDED TO SANDEE'S RESTAUR.ANT PARCEL CON- CURRENTLY WITH RECORDING OF SUBDIVISION; AND (2) PARK FEE OF $1,905 TO BE PAID PRIOR TO RECORDING LOT SPLIT. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRP�RSON BILLINGS DECI�t�RED THE MOTION CARRIED UNANIMOUSLY. Chairperson Billings stated this item would be on the City Counci�.'s agenda for July 20, 1987. 6. RECEIVING THE MINUTES OF THE PARKS & RECREATION CON�CSSION MEETING OF JUNE 1, 1987 • MOTION BY MR. KONDRICK, SECONDED BY MS. SHEREK, TO RECEIVE THE JUNE 1, 1987 PARKS & RECREATION CO�SSION MINUTES. ���' Mr. Kondrick stated there was a request for lighting at the tennis courts in Logan Park. He stated when.it was learned the cost would be about $12,000, it seems the interest has diminished. UPON A VOICE VOTE TAKEN ON THE ABOVE MOTION, ALL VOTED AYE, AND CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIIK(7[TSZY. Mr. Robinson stated the City recently purchased a home in Riverview Heights and this area is the proposed entrance to the park. He stated it is hoped to come before the Parks & Recreation Co�ission for suggestions on uses for this structure as it is quite old. Mr. Robinson stated the new parking lot at the Community Park is in the final stages of completion. 7. RECEIVIlVG THE MINUTES OF THE APPEALS CO1rII�lISSION MEETING OF JUNE 23, 1987 • _�..._. - MOTION BY MR. BETZOZD, SECONDED BY MR. KONDRICK, TO RECEIVE THE NNE 23, 1987 APPEALS CONIMCSSION MCNUTES. UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON BILLINGS DECLARED THE MOTION CARRIED UNANIMOUSLY. ,� PI�ANNING CON�JISSION MEETIlVG. JITLY 8. 1987 PAGE 13 �'"'\, 8. OT�1ER BUS INE S S: Mr. Betzold asked if there are any ordinances proposed to ban grills on decks. Mr. Robertson stated he discussed this matter with Fire Chief Bob Aldrich and he would like tfl see balconies prohibited. Se stated in staff's final inspections, they are advisc�ng� landowners:.th�y _ are responsible for the tenant's use of the building. Mr. Billings stated so�e of the surrounding rminicipalities are looking seriously at this situation and perhaps staff could investigate who is considering an ordinance and what language it contains. Ms. Sherek felt if grills are banned for single family residences, it wi11 be an enforcement nightmare. Mr. Robertson stated Chief Aldrich.could be asked for an opinion if he believes the problem to be the same for single family�resiiiences v�.. mu.lt�,�le:uni�s. - ' _. �. , Mr. Robertson stated staff would pursue the matter further for a report back to the Co�i.ssion. ADJOU.�.NMENT : � r"1 MOTIOK BY MR. KONDRICK, SECONDED BY MR. BETZOLD, TO ADJOURN THE MEETING. UPON A VOICE VOTE, ALL VO'r'ING AYE, CHAIRPERSON BILLINGS DECZARED TI� JULY 8, 1987 PLANNING CONlNLCSSION MEETING ADJOURNED AT 9:50 p.m. Respectfully submitted, ��i�-�-'� ���� Carole Haddad Recording Secretary � �, � / \ � a .�= t°'��'� �- '�,e� � �� ��� ' , ,; ) � � � r ��, , � 1 1 r� � l �r r, / �� � � '�� / ' � � : � , �, i. <. , ,, --. S.�� i�/ ' , ,i! ,� !%� �� i i° � � ��� �� � :� � \ '� 'C���� _ � %/��� �7�5 Gt��a-�1, � �'.� . ��" y3� �' �J C= � � � PL S,e�-� �.�- • �l.l � �"i S `� 3 � /o�/� �e�� � � ,.� ��� �-� .�f. � . �" . /�s/ �� �o � i> r � �' 1323 $�-P� �,� , ���- -�� 3�� � �u.z ��-��3 ���.��. . �"S//� .�,�'�%�l ����� �5 S�f/ Sl